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Law offices of Stephen Barszcz Disability Lawyer

Denial of modified duty nightshift offer gets worker fired

group of laptop users working in team and night shift icon with moon and clock above them

An injured worker must accept a suitable job offer even if the hours and days of the position are inconvenient for the worker and his/her family. Your employer and the OWCP knows that. So don’t be surprised if your modified duty job offer comes packaged with lousy hours and days of employment.

In one case, a female employee denied a suitable offer of employment which came with nighttime hours. She preferred the day shift because she had small children at home and she wanted to be with them at night. Her employer knew that and offered the nighttime job.

The employee refused the otherwise suitable job offer and responded by providing that she must take care of her children at night. She was ultimately fired and subsequently appealed the case. ECAB found that the job offer was suitable and that her preference for daytime work was not a valid reason for denying the position.

If you determine that a job offer is suitable, you must accept it or risk the probability of being terminated. If the termination is upheld, you will forfeit your rights to future compensation including any possible schedule award.

If you need to review the specific factors of a suitable job offer, they are found on some of our other blogs, videos and the “Return to Work” section of our site.

To contact Steve Barszcz Esq. with additional questions or to get help in your case, please call him TOLL FREE @ 877-655-2667 or write him at

© Stephen V. Barszcz, P.A. 2012

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